Te Tiriti o Waitangi (the Treaty) is the founding document
of our nation. Through the Treaty, the Crown gained an
authority to govern (in partnership with Rangatira) and
the active protection of Rangatiratanga was guaranteed
to Tangata Whenua. Tauiwi (residents and citizens) gained
an authority to belong (Türangawaewae) in Aotearoa New
Zealand and Tangata Whenua were guaranteed the same
rights as British subjects. The Treaty belongs to all New
Zealanders and is “the promise of two peoples to take
the best possible care of each other.” (Bishop Manuhuia
Bennett).
The Treaty and the Constitutional
conversation
The Constitutional Review, a national conversation about
the future of New Zealand’s constitution, provided an
important opportunity to discuss the position of the
Treaty in the country’s constitutional arrangements and
the participation of Mäori in political decision-making.
The Human Rights Commission supported iwi, hapü and
whänau to engage in the conversation and its submission
to the Constitutional Advisory Panel included views from
Tangata Whenua.
Belonging to all of us, the Treaty represents the founding
of Aotearoa New Zealand. The Commission’s position is
that New Zealand’s constitutional arrangements, its values,
rules, institutions and practices, should flow from the
Treaty.
In its submission, the Commission explored what it would
mean to give substantive effect to the Treaty as New
Zealand’s founding document and reinforced the need
to embed the Treaty partnership between the Crown and
Rangatira in every aspect of the way in which Aotearoa New
Zealand is governed. The Commission recommended the
long-term development of a constitution based on the Treaty
and developed by Treaty partners. It also recommended
protection for the Treaty in New Zealand law.
In its final report, the Constitutional Advisory Panel
recommended that the conversation about Aotearoa
New Zealand’s future constitutional arrangements should
continue. It also recommended the Government develop a
national education strategy to help New Zealanders learn
about and discuss civic and citizenship issues, including the
unique role of the Treaty.
Tüi Tüi Tuituiä | Race Relations in 2013
The Commission will be looking to see how the
Government responds to the Constitutional Advisory
Panel’s report.
Commission promotes human rights
dimensions of the Treaty
The Commission has a specific responsibility to promote
understanding of the human rights dimensions of Te Tiriti
o Waitangi. In 2013, the Commission’s Te Mana i Waitangi
programme worked with communities and organisations
to promote discussion on human rights and the Treaty.
Workshops were facilitated with councils, government
departments, universities, businesses and community
organisations, with participants commenting on how
valuable they found it to gain a better understanding of the
Treaty and what it means to New Zealanders today.
The Commission also hosted a special workshop in
Wellington to discuss rangatiratanga and the whakapapa
of human rights. The workshop discussed strategies for
ensuring the voices of Tangata Whenua are heard during
international human rights processes, such as the Universal
Periodic Review.
In 2012, the Waitangi Tribunal released Ko Aotearoa Tënei,
its report on the Wai 262 claim concerning law and policy
affecting Mäori culture and identity. The report has yet to
receive a response from Government. Achieving progress
in the promotion and recognition of the cultural rights of
Tangata Whenua continues to be a priority for the Human
Rights Commission.
Find out more about Human Rights and the Treaty at
www.hrc.co.nz/treaty.
Commission builds Treaty-based
organisation
The Commission asserted its commitment to being a
Treaty-based organisation, during a comprehensive review
of its structure and programmes. The review offered a
unique chance to look at how the Treaty is reflected in the
way the Commission goes about its work.
In a demonstration of partnership, responsibility for Treaty
issues was allocated to two Commissioners: one Tangata
Whenua and one Tauiwi (non-Mäori). They will work
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